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Artificial intelligence and machine learning technologies are transforming industries from healthcare to financial services, but securing patent protection in Australia requires more than technical sophistication.

For the first time, an Australian tribunal has ruled on the legality of facial recognition technology and the collection and use of biometric information under the Australian Privacy Act 1988 (Cth) (the Act). The case involved Australian hardware retailer, Bunnings Group Ltd (Bunnings), known for its large warehouse-style stores and car park sausage sizzles.

In the first decision of its kind in Australia, the Federal Court of Australia has awarded a civil penalty of A$ 2.5m (US$ 1.77m) and costs of A$ 500k (US$ 350k) against an Australian financial services licence holder due to serious and sustained cybersecurity failings.